The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

13.—(1) The Financial Services and Markets Act 2000 (Disclosure of Information) Regulations 2001(1) are amended as follows.

(2) In regulation 2—

(a) in the definition of “overseas regulatory authority”—

(i) at the end of sub-paragraph (a) omit “or”;

(ii) at the end of sub-paragraph (b) insert—

“or

(c) an authority in a country or territory outside the United Kingdom which exercises any functions of a kind corresponding to a function of the Bank of England;”;

(b) in the definition of “single market restrictions”, in sub-paragraph (f) for “104a.1” substitute “104.1”;

(c) omit the definition of “the third non-life insurance directive”.

(3) In regulation 5(3)(c) for the “the Department of Enterprise, Trade and Investment in Northern Ireland” substitute “the Department for the Economy in Northern Ireland”.

(4) In regulation 9—

(a) omit paragraph (2A);

(b) in paragraph (3)(b), for paragraphs (iii), (iv) and (v) substitute—

“(vi) Article 33 of the Solvency 2 directive,”;

(c) in paragraph (3A)(a), for “article 63” substitute “Article 88”.

(5) In the heading to regulation 12A insert “The Gambling Commission”.

(6) In the heading to regulation 12C insert “Proceedings under the Proceeds of Crime Act 2002(2)”.

(7) In Schedule 1—

(a) in the table in Part 1—

(i) in the entry commencing “A person appointed in judicial or administrative proceedings”, in the corresponding entry in the second column, for “That person’s functions as such” substitute—

“That person’s functions in so far as they relate to:

(i)

former authorised persons or persons who have carried on former regulated activities;

(ii)

persons carrying on, or who have carried on, regulated activities; or

(iii)

banking group companies (as defined in section 81D(3) of the Banking Act 2009)”;

(ii) for the entry “The Department of Enterprise, Trade and Investment in Northern Ireland” substitute “The Department for the Economy in Northern Ireland”;

(b) in the table in Part 2, after the entry commencing “An authority responsible for” insert—

“A reorganisation body or authority in an EEA State whose aim is to protect the stability of the financial system

Its functions as such”;

(c) in the table in Part 3 after “A foreign resolution authority” insert—

“An authority responsible for maintaining the stability of the financial system in a third country or territory through macro-prudential regulation	Its functions as such
A reorganisation body or authority in a third country or territory whose aim is to protect the stability of the financial system	Its functions as such”;

(d) in the table in Part 4, for “The Department of Enterprise, Trade and Investment in Northern Ireland” substitute “The Department for the Economy in Northern Ireland”.

(1)

S.I. 2001/2188.

(2)

2002 c.29.

(3)

Section 81D of the Banking Act 2009 was inserted by section 100 of the Financial Services Act 2012 (c.21) and was amended by paragraph 7 of Schedule 2 to the Financial Services (Banking Reform) Act 2013 (c.33) and S.I. 2014/3160 and 2014/3329.